Chinnadurai v. The State Rep By

R.HEMALATHA, J.

The petitioners, who apprehend arrest at the hands of the respondent police, have filed the present anticipatory bail petition.

2. The Inspector of Police, K-10, Koyambedu Police Station registered FIR in Crime No.212 of 2024 against the present petitioners for the offences under Sections 147, 448, 294(b), 323 and 506(1) of IPC and Section 3(1) of TNPPDL Act.

3. The case of the prosecution is that, on 08.04.2024, at about 12.00.p.m., all the accused trespassed into the shop of the defacto complainant, abused him in filthy language and assaulted him, as a result of which, the defacto complainant sustained injuries. They also damaged the computer and other articles worth about Rs.1.5 lakhs kept inside the Show Room. Based on the complaint lodged by the defacto complainant, FIR in Crime No.212 of 2024 was registered for the offences under Sections 147, 448, 294(b), 323 and 506(1) of IPC and Section 3(1) of TNPPDL Act.

4. The learned counsel for the petitioners contended that, petitioners have no bad antecedents and that a false case has been foisted against them, on account of previous enmity between the petitioner and the defacto complainant.

5. Per contra, the learned Government Advocate (Crl. Side) on instructions, would contend that the investigation is still pending.

6. Considering the nature of the offence and the dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioners with the following conditions.

(i) the petitioners shall appear before the learned V Metropolitan Magistrate, Egmore, Chennai, and deposit a sum of Rs.1,00,000/-(Rupees One Lakh only)jointly to the credit of Crime No.212 of 2024 before the learned V Metropolitan Magistrate, Egmore, Chennai within a period of fifteen (15) days from the date of receipt of a copy of this order and on such deposit, they shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, for like sum each to the satisfaction of the V Metropolitan Magistrate, Egmore, Chennai and

(ii) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. (iii) the petitioners shall appear before the respondent police daily at 10.00 a.m., and sign for four weeks and thereafter, on every Saturday for further four weeks.

(iv) the petitioners shall not tamper with the evidence and shall not abscond either during investigation or during trial. (v) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and (vi) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

22.04.2024 Sma

R.HEMALATHA, J.

Sma 22.04.2024